Article 157

Article 157 of the Constitution of India lays down the eligibility criteria for the appointment of a Governor, who serves as the constitutional head of a State. The provision ensures that the individual occupying this high constitutional office possesses a minimum level of maturity, integrity, and allegiance to the Indian Union.
By prescribing clear qualifications, Article 157 upholds the dignity of the office and reflects the framers’ intent that the Governor should be a person capable of performing constitutional duties with impartiality and wisdom.

Constitutional Text

Article 157 states:

“No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.”

This Article is concise but significant, as it sets the basic qualifications required to hold the office of the Governor.

Key Qualifications for Appointment

According to Article 157, two essential criteria must be met for a person to be eligible for appointment as a Governor:

1. Citizenship:
   • The individual must be a citizen of India.
   • This requirement ensures loyalty to the Indian Constitution and commitment to the unity and integrity of the nation.
2. Age:
   • The individual must have completed 35 years of age.
   • The age criterion signifies a minimum level of maturity, experience, and understanding of governance and public affairs.

These simple yet vital conditions ensure that only individuals with adequate life experience and allegiance to India can hold this constitutional position.

Purpose and Rationale

The framers of the Constitution designed Article 157 to ensure that the office of the Governor is held by individuals with the requisite experience and integrity. The citizenship requirement guarantees national loyalty, while the age requirement ensures maturity and judgment necessary for constitutional decision-making.
In the Constituent Assembly Debates, members emphasised that the Governor, though primarily a ceremonial head, plays a vital constitutional role in maintaining the balance between the Union and State governments, particularly in moments of political instability. Therefore, the qualifications were kept simple but substantive.

Related Constitutional Articles

Article 157 must be read alongside other provisions defining the Governor’s office:

• Article 153: Provides for a Governor for each State (the same person may be appointed for two or more States).
• Article 154: Vests the executive power of the State in the Governor.
• Article 155: Provides that the Governor is appointed by the President of India.
• Article 156: Specifies the term of office and conditions under which the Governor holds office.
• Article 158: Sets forth additional conditions of office, such as disqualifications and restrictions on holding other positions.

Together, these Articles form a cohesive framework for the appointment, tenure, and functioning of the Governor.

Disqualifications

Article 157 does not explicitly enumerate any disqualifications for appointment as Governor. However, certain general disqualifications can be inferred from related constitutional principles and conventions:

1. Holding an Office of Profit:Under Article 158(2), the Governor cannot hold any other office of profit.
2. Membership of Legislature:If a Governor is a Member of Parliament or a State Legislature, they are deemed to have vacated that seat upon assuming the office of Governor.
3. Citizenship or Conviction Issues:Any person who ceases to be a citizen of India or is convicted under laws relating to national integrity and sovereignty would automatically become ineligible.

While the Constitution is silent on other restrictions, by convention, individuals appointed as Governors are expected to be politically neutral and impartial, although in practice this principle has often been debated.

Appointment Process

Under Article 155, the Governor is appointed by the President of India by warrant under his hand and seal.

• The President acts on the advice of the Union Council of Ministers, headed by the Prime Minister.
• The State government does not have a constitutional role in the appointment process, although the Sarkaria Commission (1988) recommended that the President should consult the Chief Minister before making the appointment.

This process ensures uniformity but also highlights the dominant role of the Centre in appointing Governors.

Comparison with Other Constitutional Offices

The qualifications for the office of the Governor are similar to those prescribed for other high constitutional posts:

This demonstrates the consistency of constitutional standards regarding eligibility for high public offices in India.

Judicial Interpretations and Case References

While no major Supreme Court judgment has directly interpreted Article 157, its spirit has been acknowledged in several landmark cases that explore the functions, powers, and responsibilities of Governors:

1. S. R. Bommai v. Union of India (1994):The Court discussed the Governor’s role in maintaining constitutional order, underscoring the need for neutrality and integrity in the office.
2. Rameshwar Prasad v. Union of India (2006):The Court examined the Governor’s discretionary powers, reinforcing the principle that the Governor’s actions must align with constitutional morality.
3. B. P. Singhal v. Union of India (2010):The Court observed that Governors should be individuals of eminence and impartiality, reinforcing the importance of qualifications rooted in constitutional values.

These judgments highlight that the office of the Governor demands not just legal eligibility but also moral and political impartiality.

Significance of Article 157

1. Ensures Minimum Eligibility:By specifying citizenship and age, Article 157 guarantees that only capable and loyal individuals occupy the office of the Governor.
2. Promotes Stability and Integrity:The provision ensures that Governors possess the maturity to act judiciously and uphold constitutional principles.
3. Symbol of National Unity:The citizenship requirement reinforces the idea of a unified Indian state, where the Governor represents the Union in the State.
4. Foundation for Federal Balance:The Governor’s qualifications help maintain the equilibrium between State autonomy and Union oversight, essential to India’s federal design.

Practical Implications

In practice, Governors are often selected based on political considerations, rather than the spirit of neutrality envisaged by the Constitution. This has led to debates regarding:

• Partisan appointments of former politicians or bureaucrats.
• The need to establish clearer eligibility criteria to preserve the neutrality of the office.
• Calls for implementing the recommendations of expert bodies like the Sarkaria Commission and Punchhi Commission to depoliticise the office.

Nevertheless, the basic qualifications under Article 157 serve as a constitutional safeguard, ensuring that unqualified or ineligible individuals cannot occupy this critical position.

Historical Context

The framers of the Constitution, drawing inspiration from the British and Australian models, intentionally prescribed minimal qualifications for the Governor to avoid unnecessary restrictions. The Constituent Assembly rejected suggestions to require prior administrative or political experience, believing that citizenship and maturity were sufficient to ensure competent leadership.

Contemporary Relevance

In the current political climate, the debate on the role and impartiality of Governors has become increasingly prominent. While Article 157 sets the formal qualifications, the moral and ethical expectations of the office remain vital for upholding democratic norms.
There is a growing demand to reform the appointment process to ensure that the Governor is a non-partisan constitutional authority, consistent with the spirit of cooperative federalism.

Constitutional Significance

Article 157, though brief, plays a foundational role in shaping the dignity, neutrality, and legitimacy of the Governor’s office. By establishing minimal yet meaningful qualifications—citizenship and maturity—it reflects the framers’ intent to ensure that the Governor functions as a constitutional guardian rather than a political actor.